COLE v. TISCHLER

507144

68 A.D.3d 1595 (2009)

2009 NY Slip Op 10019

893 N.Y.S.2d 303

KATHLEEN M. COLE et al., Respondents-Appellants, v. MICHAEL TISCHLER, Individually and Doing Business as TISCHLER FAMILY DENTAL CENTER, et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.


McCARTHY, J.

On March 20, 2006, defendant Michael Tischler performed a bilateral sinus lift and bone graft procedure on plaintiff Kathleen M. Cole (hereinafter plaintiff) to prepare her to receive dental implants. Plaintiff thereafter developed a staph infection which defendant attempted to treat with antibiotics pursuant to a standard protocol. Although there was some response to the treatment, the infection did not resolve. Approximately six weeks after the surgery...

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